BW Legal claim form received

Coupon-mad

Yes, that works, but we need the PCN (notice to keeper posted to you) as well please.

https://photos.app.goo.gl/3uVkgchV9Hb39Gou9

simms1927

Ok to answer the questions.
* I have prob not helped myself in the slightest here but all correspondance before the claim form i threw staight in the bin (how stupid and naive i know).

* there was not a window PCM. It was a pay and display with number plate recognition on exit.

* it was not a railway car park. It was a flat level car park close to city centre.

* with regards to the overstay. I'm not sure what they are accusing as i dont have paperwork (tut). My wife says it was no more than 30 mins. But i do realise that not knowing what they are saying is a pain in the !!!! here.

* my wife paid and displayed for 30mins.

Thanks for your help

Coupon-mad

OK so like everyone else, do a defence draft based on one out of the 17 examples in the NEWBIES thread (look for a PDT machine/grace periods one) and in the facts in the first paragraph or three. You will be saying near the start that you were not the driver and that you do not believe the Claimant has complied with the POFA 2012.

Then the rest is copied & adapted from any other NCP one you care to search for!

I have sent a SAR to BW legal and one to NCP. I have also completed the acknowledgment of service.

Good! The SAR will show you the NTK and the timings will be known then, and whether they did comply with the POFA, and you can then use that at WS & evidence stage.

If I was going to the dentist, even for a check up, there is NO WAY I'd only pay for 30 mins parking, BTW. You wait in the waiting room longer than that usually.

simms1927

Thankyou coupon-mad thats a great help. That is also EXACTLY what i said to my wife. If she isnt curbing the wheels or burning out the clutch she's getting parking fines for the sake of a bloody £1!!!! Grrrr

Coupon-mad

Careful...you are not preaching to the converted as I am a (very good) female driver!

simms1927

Haha absolutely nothing to do with her being female. There are very good and very bad drivers of both sex in equal measure. She just frustrates me when she does stupid things and doesn't learn!

KeithP

simms1927 wrote: »

Haha absolutely nothing to do with her being female. There are very good and very bad drivers of both sex in equal measure. She just frustrates me when she does stupid things and doesn't learn!

What like throwing away all that important mail?

Did she do that too?

simms1927

KeithP I knew as soon as I posted that, somebody would say exactly that! Haha! Yes I hold my hands up. Together, my wife and I make a great team!!! I might use stupidness in my defence.

simms1927

Hi guys. Looking at the photos from the car park in question. Do you think it would be right to put in my defence that the terms and conditions sign is in an unreasonable position to read and that the font is very small? The sign is situated right at the entrance/exit of the car park. You certainly wouldnt be able to read it as you were entering or leaving the car park by car as you are concentrating on the road. It is not situated on a designated walkway and none of the other signs direct you to the 'terms and conditions' sign at the entrance. Do you think there is some ground for defence there or am i clutching at straws a bit? Also there is no mention of the £60 extra charge on there so thats good.

hxxps://photos.app.goo.gl/Ksw8P1nZxuHqAQR4A

simms1927

Ok a few updates. after trawling through my rubbish i found the 'LETTER OF CLAIM' dated 17th July. It is the standard letter that i have seen on other posts. The main points from it being:
'Contravention description: Parked longer than the time paid for'
Estimated claim -
'Principle Debt + Initial legal Costs 160.00
Estimated interest 4.91
Estimated court fees 25.00
Estimated solicitors costs 50.00
Estimated total 239.91

I have also received a letter from BW legal acknowledging receipt of the SAR. It states that they expect to be able to give a response by 25th December. My defence needs to be submitted by 23rd December so I prob won't get to see SAR info before submitting my defence.

The letter also states this:
'Whilst we acknowledge that you have made a request for information, it is important to note that this does not affect the validity of our client's claim meaning that our client has an overriding legitimate interest to recover the sums due to them. As such, your account will not be suspended from further collections activity unless we are instructed to do so by our client.'

I also submitted a SAR to NCP on the same day. I have only received an automated email response from them saying they aim to reply within 14 days. I sent the email to customer.enquiries@ncp.co.uk. Could anyone tell me if this was the correct place to send it? I did say in the email that if you dont normally deal with these could you pass it on to the relevant person/dept.

Is there any way to buy more time in order to see the results of the SAR before submitting my defence? I have seen mention of 'seeking debt advice' to get an extra 30 days grace but not sure if this had to go hand in hand with the SAR?

I am still in the process of reading numerous defences and cutting and pasting relevant parts in order to draft a defence of my own which i will post on here for feedback.

Thankyou once again for your help